Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.
DOJ Curbs Criminal Prosecutions for Motor Vehicle Tampering but Noncompliance Remains a Costly Proposition
The US Department of Justice (DOJ) recently announced it is “exercising its enforcement discretion to no longer pursue criminal charges . . . on allegations of tampering with onboard diagnostic devices in motor vehicles” under the Clean Air Act (CAA or Act). According to DOJ, this exercise of discretion not to criminally prosecute is based
Civil Liability – the Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance
The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters.
More precisely, by two decisions published in its official report (Cass. civ. 1st, 24 September 2025, no. 23-23.869; Cass. civ. 3rd, 13 November 2025, no. 24-10.954), the Cour de cassation endorsed the principle
The Federal Aviation Administration Adopts New Airworthiness Directive for Bombardier Inc. Airplanes
On February 17, 2026, the Federal Aviation Administration (FAA) issued a final rule adopting a new airworthiness directive (AD) for certain Bombardier Inc. airplanes. This new AD requires locking features to be installed on applicable network interfaces to prevent unauthorized network access. FAA seeks 45-day public comment on any written data, views, or arguments associated
Project Vault: The Promises and Pitfalls of the Critical Minerals Stockpile Initiative
The recently announced stockpile represents significant opportunities, but much of that depends on unresolved details that companies must continue to monitor.
By Charles E. Carpenter, Joshua W. Marnitz, and Austin J. Pierce
Key Points:
- The $12 billion stockpile has been characterized as similar to other US strategic “reserves” but has a distinct setup
Agricultural Law Weekly Review—February 18, 2026
Webinars this month—Register Now!
- Feb. 24 at noon, AgWorks: Wage and Hour Laws—Calculation and Enforcement
- Feb. 27 at noon, Understanding the Basics of the USDA National Appeals Division with Devin Winklosky, former USDA Administrative Judge (Attorney CLE available)
Pesticides/Herbicides: EPA Announces Dicamba Approval for 2026, 2027 Growing Seasons 
On February 6, 2026, the Environmental Protection
EU Regulation on Deforestation-free products (EUDR): What Lies Ahead in 2026?
In late 2025, the EU postponed the application of the EU Regulation on Deforestation-free products (EUDR) for the the second time. Under Regulation (EU) 2025/2650, the EUDR is now scheduled to enter into application on December 30, 2026. This Legal Update discusses the likelihood of re-opening of the EUDR for further simplification. We also address other
Process Versus Production: First District Upholds Program EIR For Tiburon’s General Plan/Housing Element Update, Holds Site-Specific Analysis Of Impacts Of Developing Identified RHNA Inventory Site Can Be Deferred Under CEQA Tiering Principles Until Specific Project Is Proposed
In a partially published opinion filed on February 2, 2026, the First District Court of Appeal (Div. 3) addressed a “weighty issue . . . affecting the CEQA responsibilities of local governments throughout the state” in reversing the trial court’s judgment granting a writ petition challenging the adequacy of the Town of Tiburon’s (“Town”) program
Five For Five: How the APA Protected Offshore Wind (For Now)
On December 22, 2025, the Bureau of Ocean Energy Management (BOEM) issued short and nearly identical lease suspension orders that halted construction on five utility-scale offshore wind projects off Virginia, New York, Rhode Island, and Massachusetts, alleging new and classified national security threats. These suspensions sparked an immediate wave of litigation as the affected developers
NOAA Finalizes Changes to Deep Seabed Mining Regulations
On Jan. 21, 2026, the National Oceanic and Atmospheric Administration (NOAA) finalized revisions to its existing regulations governing deep seabed mining in areas beyond the national jurisdiction of the United States.